No sign of excessive force by officers during arrest, Miller told police

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Updated: 9:41 AM EDT Oct 27, 2016

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WEBVTT
REPORTING LIVE AT POLICE
HEADQUARTERS TONIGHT KAI REED,
, WBAL-TV 11 NEWS.
STAN: TONIGHT, THE PUBLIC IS
HEARING FROM ONE OF THE BIKE
PATROL OFFICERS INVOLVED IN THE
IN-CUSTODY DEATH OF FREDDIE
GRAY.
THE BALTIMORE STATE'S ATTORNEY
DROPPED THE CASE AGAINST OFFICER
GARRETT MILLER, BUT HIS ACCOUNT
OF WHAT HAPPENED CAN BE HEARD BY
THE PUBLIC FOR THE FIRST TIME.
11 NEWS I-TEAM REPORTER DEBORAH
WEINER JOINS US WITH DETAILS.
DEBORAH?
DEBORAH: OFFICER MILLER WAIVED
HIS RIGHTS AND OFFERED
DETECTIVES A VOLUNTARY STATEMENT
OF WHAT HAPPENED THAT DAY IN
APRIL OF 2015, WHEN POLICE
ARRESTED GRAY NEAR GILMOR HOMES.
OFFICER MILLER DOESN'T SAY WHY
GRAY WAS CHASED, BUT SAYS GRAY
PUT HIS HANDS UP AND, HIS WORDS
NOW, GAVE UP WITHOUT A FIGHT.
>> I HANDCUFFED HIM, MY
HANDCUFFS, PULLED HIM OVER TO --
OR STOOD HIM I SHOULD SAY, AND
TOOK HIM OVER TO WHERE MY BIKE
WAS.
I WAS AFRAID SOMEBODY WOULD
STEAL MY BIKE BECAUSE THAT
HAPPENS.
WHEN WE HAD HIM THERE, HE SAID
HE WAS HAVING TROUBLE BREATHING,
SO WE SAT HIM UP.
DEBORAH: OFFICER MILLER GOES ON
TO SAY AS A CROWD FORMED OR
"AUDIENCE," AS MILLER CALLS IT,
GRAY BEGAN FLAILING, KICKING AND
SCREAMING.
BEHAVIOR THAT GOT WORSE, HE
SAID, WHEN GRAY WAS LOADED INTO
THE POLICE VAN HEAD FIRST.
IT WAS LATER THAT OFFICER MILLER
GOT THE CALL THAT GRAY WAS
INJURED.
DETECTIVE: AT ANY POINT IN THIS
INCIDENT, WAS ANYONE INCESSANTLY
FORCIBLE -- FORCEFUL WITH THE
SUSPECT?
DID YOU SEE ANYBODY KICK, PUNCH,
SLAP OR STIKE WITH ANY OBJECTS?
>> NO SIR.
DEBORAH: BEFORE HE WAS SET TO GO
ON TRIAL IN JULY, BALTIOMRE
STATE'S ATTORNEY MARILYN MOSBY
DROPPED THE CASE AGAINST OFFICER
MILLER AND THE REMAINING
OFFICERS.
NOW THEY ARE SUING MOSBY FOR
BRINGING CRIMINAL CHARGES IN THE
FIRST PLACE.
LIVE IN THE STUDIO, DEBORAH
WEINER, WBAL TV 11 NEWS.
STAN: DEBORAH, THANK YOU.

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However, before Miller went on trial in July, Baltimore City State’s Attorney Marilyn Mosby announced she was dropping all charges against him and the other remaining officers charged in the case.

This came after three officers were acquitted of all charges in separate bench trials while a fourth trial ended in a hung jury.

Now, 11 News has obtained the video statement Miller gave to police after Gray’s arrest.

Miller waived his right to remain silent and offered detectives a voluntary statement of what happened when police arrested Gray near Gilmor Homes in west Baltimore.

Miller does not say why Gray was chased, but added that he put his hands up. Miller added that Gray “gave up without a fight.”

“I handcuffed him, my handcuffs, pulled him over to, or stood him I should say, and took him over to where my bike was,” Miller said in his video recorded statement to police. “I was afraid somebody would steal my bike because that happens. When we had him there, he said, he was having trouble breathing, so we sat him up.

Miller went on to tell police that as the crowd formed Gray began flailing, kicking and screaming.

Miller said that Gray’s behavior got worse he said, when he was loaded into the police van head first. It was later that Miller got the call that Gray was injured.

When asked by investigators, Miller said he did not believe any officer involved with Gray’s arrest used excessive force.

Five of the six officers, including Miller, are now suing Mosby for bringing criminal charges in the first place.